Alternative penalties and it’s permissibility for pardon in Algerian law

Abstract

The aim of this research is to define the concept of alternative penalties to imprisonment, which have proven incapable of rehabilitating prisoners, within the framework of the modern penal policy that affected the Algerian legislator in his penal system. It is also aim to search for the extent of its ability to pardon through the attitude of the legislator and the President of the Republic via his regulatory power in issuing of pardon decrees. A descriptive and analytical approach used primarily to study this research. The main findings that alternative penalties are penal sanctions that enshrine concept of reform not preventive measures, moreover the legislator has gradually adopted inadequate alternatives. Finally, pardon can include conditional release, alternative fine other than work for the public benefit and placement under electronic surveillance, additionally, suspension of execution a matter of doctrinal debate and legislative ambiguity.